Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJAY KUMAR-II
Shambhu Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. summary of procedural history and factual background of the dispute. (Para 1 , 2 , 3) |
| 2. summary of rival contentions regarding the existence of nuisance and public path. (Para 4 , 5) |
| 3. statutory framework and judicial precedents governing public nuisance under section 133 crpc. (Para 6 , 7 , 8 , 12) |
| 4. requirement for inquiry under section 137 crpc upon denial of public right by the respondent. (Para 9 , 10 , 11) |
| 5. evaluation of evidence, factual admissions, and spot inspections to determine illegal obstructions. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. limited scope of judicial superintendence under article 227 and prohibition on re-appreciating evidence. (Para 20 , 21 , 22 , 23 , 24) |
| 7. final adjudication and dismissal of the writ petition due to lack of merit. (Para 25 , 26) |
JUDGMENT :
AJAY KUMAR-II, J.
1. Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner, learned A.G.A. for the State, Sri Ashwani Kumar Singh, learned counsel for the respondent no. 2 and perused the record.
2. The present petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the order dated 19.03.2025, passed by Additional Session/Special J
The main legal point established in the judgment is the requirement for reliable evidence in support of denial of public right and the burden of rebutting factual recitals.
The main legal point established in the judgment is the strict interpretation and application of Section 133 of the Code of Criminal Procedure, emphasizing the need for eminent danger to the property....
The Magistrate must follow the mandatory procedure under Section 133 of the Code of Criminal Procedure, which requires the Magistrate to first question the person against whom the order is made wheth....
The main legal point established in the judgment is the necessity of a formal conditional order before initiating proceedings under Section 133 of Cr.P.C. and the requirement for immediate measures t....
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
The main legal point established in the judgment is that a party cannot deny an encroachment after conceding the obstruction and seeking time for its removal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
